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  • BimmerFAn
    07-20 02:12 PM
    Hi Gkaplan,

    Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.

    You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.

    I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.

    Best of luck!





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  • funny
    09-16 02:05 PM
    ^bump^ ^bump^





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  • gcdreamer05
    08-04 11:50 AM
    Does your new I-140 have the old PD printed on it ?

    If so you are better filing a new I-485.... and withdraw the old 485, as several threads have explained not to have two 485's running parallel because USCIS itself will ask the user to revoke one...

    Please do let us know what happened after you know the information from M team.

    She would recommend you to file another 485





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  • Tshelar
    07-23 09:03 AM
    I would always recommend choosing Career over GC. I am guessing you'll are a young couple. Most of us take risk of jumping jobs and carriers before we are married or before one starts a family. Believe me once you start a family and are raising kids all your drive to look for better prospect will start diminishing. You will be happy with you a 9 to 5 job.
    So my 2 cents go for a better career now.
    I understand it is a tough call but I am sure you will make a right one and whatever happens in future do not repent on your decision as future is unpredictable and one can only make decisions based on the current facts.



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  • tammman
    10-15 04:50 PM
    My wife has EAD but didnt use it yet and she is on L1 and her AP had an RFE today and she has ticket booked for INDIA on dec6th...if her AP doesnt get approved before she leaves can she travel ?

    People were mentioned about it needs to approved before u come back to USA ?

    Please suggest.





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  • REQUIRE_GC
    07-13 10:08 AM
    This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.

    I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
    You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck



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  • GooblyWoobly
    07-18 07:24 PM
    1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?

    2) What all docs are required for filing EAD & AP?

    1. My lawyer clearly said you can't, unless you file it together with AOS.
    2. I765 and I131 forms. Everything else has already gone in with the AOS.





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  • Nil
    11-09 11:32 AM
    This was very prompt of you guys.
    Keep up the momentum.
    The community and (we believe) this country needs professionals of your caliber.



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  • WeShallOvercome
    07-20 02:11 PM
    My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
    As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

    about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

    You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.





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  • Quest99
    09-14 03:30 PM
    Here is my story:

    I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.

    Here is my problem:

    1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).

    I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.

    I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).

    Company B is asking me pay $3000 for some damages and they say that it is as per the contract.

    To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.

    The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).

    The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.

    I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.

    Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.



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  • desi3933
    08-26 02:29 PM
    Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?

    >> Will that abandon her I-485 filed as a dependent?
    No.


    ________________
    Not a legal advise.





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  • ash0210
    12-02 11:53 AM
    **** READ question 3 from May12,2005 MEMO (or search/read the full Memo)

    20 Massachusetts Avenue, NW Washington, DC 20529 HQPRD 70/6.2.8-P To: REGIONAL DIRECTORS SERVICE CENTER DIRECTORS From: William R. Yates /S/ Associate Director for Operations United States Citizenship and Immigration Services Department of Homeland Security Date: May 12, 2005

    Memorandum for Service Center Directors, et al.

    Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 3. What is �same or similar� occupational classification for purposes of I-140 portability?

    Answer:When making a determination if the new employment is the �same or similar� occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
    A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the �same or similar� occupational classification.

    B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of �same or similar� occupational classification.

    C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).



    Guys,

    Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?

    Thanks



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  • qualified_trash
    11-30 09:56 AM
    if you have an approved I140, you can get a 3 year H1 extension. Just make sure that your new employer does PERM + I140 ASAP and you can retain your PD.

    industry, job description, qualification etc., only come into the picture if a substitute labor is being considered.

    also, make sure you speak with a lawyer.





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  • saimrathi
    07-17 02:58 PM
    This is from Logiclife.. all hope isnt lost yet

    The latest update we received is the the annoucement to be made soon will be as follows:

    1. DHS will withdraw it decision and act according to original bulletin released in July which had EB dates current for everyone except EB-other worker category.

    2. The July bulletin (original one released on June 12th) will remain effective for 30 days more and will be effective all the way thru August 17th.

    This is good news. It will be announced soon. We got this information from very reliable source. You have 30 more days to file your I-485.

    Thank you for your patience.



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  • glamzon
    08-21 11:13 AM
    Congrats





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  • JDM
    08-04 11:33 PM
    I got the magic mail today ---Card production ordered!!! Just for me.
    The status of my wife's I485 remains the same ---> Received and pending?

    Any one in similar situation?



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  • gbof
    09-30 04:08 PM
    I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...

    I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.





    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEivS3sLu2fy3d2QArXp2CGmsgDjtNQEv7nfbuR9B5O7Re_W4eVs58b_SBRQqdmlbDfymxSOJNMf84_8Qk5Vq0Nu2zhrjTd5DmEX1FB7HZUGKYI4wss7zBAvKG68wSB_NaVdSKWe0to6Ni8/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEivS3sLu2fy3d2QArXp2CGmsgDjtNQEv7nfbuR9B5O7Re_W4eVs58b_SBRQqdmlbDfymxSOJNMf84_8Qk5Vq0Nu2zhrjTd5DmEX1FB7HZUGKYI4wss7zBAvKG68wSB_NaVdSKWe0to6Ni8/s1600-h/RFE+FROM+HELL.JPG)
    Dear Director Mayorkas:

    Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.

    First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!

    Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.

    Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?


    I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.


    You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.


    So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.



    With all sincerity, I wish you the best of luck in your new position.






    https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)





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  • mbartosik
    03-24 01:58 PM
    http://wamu.org/programs/kn/08/03/24.php#20155

    Our segment is available without fast forward
    If the Windows Media does not load try with Real Player that normally works better for me.





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  • glosrfc
    12-11 10:22 AM
    Well done Temp (and the other two guys)





    ARUNRAMANATHAN
    06-12 07:24 AM
    immigration1111

    Please confirm this .... couple of things USCIS grants for professional with this situvation

    1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )

    2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware

    3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....

    Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee

    Hope this helps and Good Luck to him !

    Arun





    sreeanne
    10-30 02:04 PM
    All you need is just apply for H1 extension and wait till USCIS gets back to you, if something happens, change you stat to EAD. I dont see any issues here.



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